Ohio Senate Approves Bill to Overhaul State’s Marijuana Laws, Including Criminalizing Public Use and Establishing Hemp Restrictions

The legislation represents a substantial rewrite of Ohio’s adult-use law, which was approved by 57% of voters in 2023, with the first licensed recreational cannabis sales beginning in August of last year. After months of committee work, revisions, and public debate, the House advanced the measure in November. With the Senate’s vote now complete, the proposal is one step away from becoming law. At the center of the bill is a broad expansion of public-use restrictions. While current rules treat marijuana smoking in public much like tobacco, Senate Bill 56 would go much further. The measure would make it unlawful to knowingly consume any adult-use product in a public place, including edibles such as gummies. Analysts noted that Issue 2, the initiative approved by voters, allowed public consumption of non-smoked products, but that authority would be revoked under the bill. Violations would carry a minor misdemeanor penalty and a fine of up to $150.

The bill also makes it illegal to possess any cannabis not purchased from an Ohio cannabis store, meaning those in Ohio could not legally possess cannabis purchased in another state even if that state allows recreational cannabis sales.

SB 56 also tightens rules on what equipment qualifies as legal marijuana paraphernalia. While Ohioans can currently possess any pipe, vape device, grinder, or packaging tied to marijuana use, the bill directs the Division of Marijuana Control to create an approved list of products that can be sold or used in the adult-use and medical markets. Anything outside that list could be restricted, giving regulators far more authority over what devices consumers and businesses are allowed to purchase, sell, or possess.

Transportation rules would also become considerably stricter. Opened adult-use and medical marijuana products, including vaporizers and edibles, would need to be stored in the trunk of a vehicle, or behind the last upright seat if the vehicle has no trunk. The same requirement would apply to paraphernalia. Someone found with a vape in a purse or gummies in a backpack could be cited for a minor misdemeanor, raising questions about how the rules would apply to taxis, buses, and rideshare trips.

Plant limits, approved by voters under Issue 2, would remain in place, but the bill establishes new criminal penalties for households that exceed those caps. Growing more than six plants per person or more than 12 per residence could result in charges ranging from a minor misdemeanor to a felony, depending on the amount involved.

Beyond consumer and enforcement rules, SB 56 makes major adjustments to Ohio’s hemp market and adds new restrictions for dispensaries. The bill folds “intoxicating hemp” into the state’s regulated marijuana system, meaning products like delta-8 gummies, hemp-derived THC edibles, and similar items could only be sold through licensed dispensaries rather than gas stations or convenience stores. It directs the Division of Marijuana Control to set testing, packaging and labeling standards, prevents child-appealing designs, and establishes a THC threshold that determines what qualifies as an intoxicating hemp product.

The legislation also places limits on the number of dispensaries, capping both adult-use marijuana retailers and licensed intoxicating-hemp dispensaries at 400 statewide.

Governor DeWine has not stated whether he will sign the bill into law, allow it to become law without a signature, or veto it, but it’s widely expected he will sign it.